A.
Enforcing officer.
[Amended 9-13-2007 by L.L. No. 10-2007; 8-17-2017 by L.L. No. 3-2017]
(1)
The provisions of this chapter shall be administered and enforced
by the Building Inspector or, in his absence, a person in the office
of the Building Inspector designated by him to act in his absence,
or the City Planner, or Assistant City Planner (referred to in this
section as the Building Inspector), who shall have the power to make
inspections of buildings or premises necessary to carry out their
duties in the enforcement of this chapter.
B.
Powers and duties.
(1)
Records. It shall be the duty of the Building Inspector to keep a
record of all applications for permits and a record of all permits
issued, with a notation of all special conditions involved. The Building
Inspector shall file and safely keep copies of all plans submitted,
and the same shall form a part of the records of that office and shall
be available for use of the Common Council and other officials.
(2)
Permits and certificates. The Building Inspector shall issue building
and zoning permits and certificates of occupancy upon compliance by
an applicant with all provisions of this chapter, as well as other
ordinances and administrative procedures of the City which require
review of plans by other departments, such as police, fire, engineering,
etc., and all county, state and federal regulations which require
compliance insofar as they apply.
A.
Zoning and building permits.
(1)
Permit required. It shall be unlawful to change the use of any building
or structure or to commence the excavation for or the construction
of any building or structure, including accessory buildings, or to
commence the moving or alteration of any building or structure, including
accessory buildings, without a building and zoning permit for such
work.
(2)
Permit application and issuance. The building and zoning permit application
shall include a plan to scale indicating the shape, size, height and
location in relation to all property lines and to street or road lines
of all buildings or structures to be erected, altered or moved and
of any building or structure already on the lot. The application shall
also state the existing and/or intended occupancy and use of all such
buildings and land and supply other information as may be required
by the Building Inspector to ensure that the provisions of this chapter
are being observed. If the proposed actions as set forth in the application
are in conformity with the provisions of this chapter and other ordinances
of the City of Plattsburgh then in force, the Building Inspector shall
issue a permit for such actions.
(3)
Refusal. If the application is denied, the applicant shall be notified
promptly by regular mail.
(a)
Fees. The fees for the issuance of zoning and building permits
shall be established by resolution of the Common Council and kept
on file in the office of the City Clerk and Building Inspector.
(b)
For the purpose of calculating permit fees, the volume of a
building shall be calculated using the exterior dimensions and shall
include all enclosed space.
(c)
Effect of permit. The issuance of a permit shall in no case
be construed as waiving any provision of this chapter.
(d)
Duration of permit.
[1]
A zoning and building permit shall become void six months from
the date of issuance unless substantial actual construction has been
made by that date on the project described therein.
[2]
Construction must be completed within two years of the date
of issuance of the permit, except that construction valued at in excess
of $500,000 shall be completed three years after the date of issuance
of the permit. The permit shall be void if construction is not completed
in this time period.
[3]
Failure of a developer to meet the construction time requirements
specified above shall void the zoning and building permit. In such
instances, the Building Inspector shall not issue a new permit unless
the developer has secured a variance from this section from the Zoning
Board of Appeals.
B.
Approval by other departments. No permit issued under this chapter
shall be effective unless or until corresponding requirements of the
Building Code, sanitary and health regulations, fire regulations and
any other local, state or federal regulations shall have been complied
with insofar as they apply. Such compliance shall be the responsibility
of the developer. The Building Inspector may refuse to issue the permit
in cases where approval by a City department has been refused.
C.
Certificate of occupancy. No land or building or other structure
or part thereof hereafter erected or altered in its use or structure
shall be used or occupied until the Building Inspector shall have
issued a certificate of occupancy stating that such land, building,
structure or part thereof and the proposed occupancy or use thereof
is found to be in conformity with the provisions of this chapter.
A.
General provisions.
(1)
Creation. A Zoning Board of Appeals is hereby re-established in accordance
with General City Law § 81.
(2)
Composition. The Zoning Board of Appeals shall consist of five regular
members and two alternate members. The alternate members shall serve
only in the absence of a regular member, or where a regular member
is unable to vote on an appeal due to conflict of interest considerations.
(3)
Appointment. The Mayor shall appoint the regular and alternate members
of the Zoning Board of Appeals, subject to confirmation by the affirmative
vote of three members of the Common Council. The Mayor shall attempt
to appoint at least one regular member or alternate member from each
ward, but in no event shall more than two regular members be appointed
from the same ward. The Mayor shall appoint a chairperson of the Zoning
Board of Appeals from among the regular members. No member of the
Common Council or the Planning Board of the City of Plattsburgh shall
be eligible for appointment to the Zoning Board of Appeals. A Board
member may be removed from office by vote of the Common Council if
he (she) fails to attend five or more Board meetings out of 12 consecutive,
regular or special meetings of the Board.
(4)
Term. The terms of regular and alternate members shall expire on
December 31st in the year when the term for which they were appointed
expires. A member whose term expires may continue to serve until a
successor is appointed. A person who is appointed to fill a vacancy
shall serve until the expiration of the term of the person who vacated
the position. The term of a regular member shall be five years, however,
if two or more terms expire in the same year appointments to one or
more of the regular positions shall be made for less than five years
so that one position becomes vacant every five years. One alternate
member shall be appointed to a two-year term; the other alternate
member shall be appointed to a three-year term.
(5)
Vacancies. Vacancies shall be filled by appointment by the Mayor.
[1]
Editor's Note: This local law included transitional provisions
stating that a regular member position shall not be filled until the
whole number of the current Zoning Board of Appeals is reduced to
five members. Until such time as the whole Board is composed of five
members, a majority of the whole number of incumbent members shall
constitute a quorum and is required to take any action.
B.
General procedures.
(1)
Meetings. Meetings of the Zoning Board of Appeals shall be held at
least once a month, unless there are no appeals to be heard, and at
such other times as the Board may determine, or at the call of the
Chairman. All meetings of such Board shall be open to the public.
(2)
Oaths. The Chairman or, in his absence, the Acting Chairman may administer
oaths and compel the attendance of witnesses.
(3)
Minutes. The Zoning Board of Appeals shall adopt its own rules of procedure and shall keep minutes of its proceedings in accordance with § 360-56 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
Quorum. A quorum shall consist of a majority of the whole Board.
Voting shall be by voice vote or ballot.
[Amended 10-8-2008 by L.L. No. 5-2008]
C.
Fees. Application fees shall be established by resolution of the
Common Council.
D.
Powers. The Zoning Board of Appeals shall have the following powers:
(1)
Administrative review. The Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the Building
Inspector or the administrative officer charged with the enforcement
of such ordinance or local law and to that end shall have all the
powers of the Building Inspector and the administrative officer from
whose order, requirement, decision, interpretation or determination
the appeal is taken.
(2)
Special use permits. To hear and decide applications for special
permits as specified in this chapter and to authorize the issuance
of special permits as specifically provided herein.
(3)
Variances.
(a)
Use variances. The Board of Appeals, on appeal from the decision
or determination of the Building Inspector or administrative official
charged with the enforcement of such ordinance or local law, shall
have the power to grant use variances, as defined herein.
[1]
No such use variance shall be granted by a Board of Appeals
without a showing by the applicant that applicable zoning regulations
and restrictions have caused unnecessary hardship. In order to prove
such unnecessary hardship the applicant shall demonstrate to the Board
of Appeals that for each and every permitted use under the zoning
regulations for the particular district where the property is located:
[a]
The applicant cannot realize a reasonable return,
provided that lack of return is substantial as demonstrated by competent
financial evidence;
[b]
The alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of
the district or neighborhood;
[c]
The requested use variance, if granted, will not
alter the essential character of the neighborhood; and
[d]
The alleged hardship has not been self-created.
[2]
The Board of Appeals, in the granting of use variances, shall
grant the minimum variance that it shall deem necessary and adequate
to address the unnecessary hardship proven by the applicant, and at
the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(b)
Area variances. The Zoning Board of Appeals shall have the power,
upon an appeal from a decision or determination of the Building Inspector
or administrative official charged with the enforcement of such ordinance
or local law, to grant area variances as defined herein.
[1]
In making its determination, the Zoning Board of Appeals shall
take into consideration the benefit to the applicant if the variance
is granted, as weighed against the detriment to the health, safety
and welfare of the neighborhood or community by such grant. In making
such determination, the Board shall also consider:
[a]
Whether an undesirable change will be produced
in the character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
[b]
Whether the benefit sought by the applicant can
be achieved by some method feasible for the applicant to pursue, other
than an area variance;
[c]
Whether the requested area variance is substantial;
[d]
Whether the proposed variance will have an adverse
effect or impact on the physical or environmental conditions in the
neighborhood or district; and
[e]
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
[2]
The Board of Appeals, in the granting of use and area variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(c)
AREA OF VARIANCE
USE VARIANCE
Definition of terms. As used in this subsection:
The authorization by the Zoning Board of Appeals for the
use of land, building, structure or premises and signs in a manner
which is not allowed by the dimensional or physical requirements of
the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land, building, structure or premises for a purpose which is
otherwise not allowed and is prohibited by the applicable zoning regulations.
(d)
Imposition of conditions. The Board of Appeals shall, in the
granting of special use permits, use variances and area variances,
have the authority to impose such reasonable conditions and restrictions
as are directly related to and incidental to the proposed use of the
property. Such conditions shall be consistent with the spirit and
intent of the zoning ordinance or local law, and shall be imposed
for the purpose of minimizing any adverse impact such variance may
have on the neighborhood or community.
A.
Tolling of period of approval heretofore or hereafter granted to
an application for development the developer is barred or prevented,
directly or indirectly, from proceeding with the development otherwise
permitted under such approval by a legal action instituted by any
state agency, political subdivision or other party to protect the
public health and welfare or by a directive or order issued by any
state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with said development, the running
of the period of approval under this article or under any ordinance
repealed by this article, as the case may be, shall be suspended for
the period of time said legal action is pending or such directive
or order is in effect.
B.
Conditional approval. In the event that a developer submits an application
for development proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the municipal agency shall
process such application for development in accordance with this chapter,
and if such application for development complies with this chapter,
the municipal agency shall approve such application, conditioned on
removal of such legal barrier to development.
C.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the municipal
agency, the municipal agency shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency,
provided that the City shall make a decision on any application for
development within the time period provided in this chapter or within
an extension of such period as has been agreed to by the applicant,
unless the municipal agency is prevented or relieved from so acting
by the operation of law.
D.
Vote of absentee members. When any hearing before the Planning Board
or Zoning Board of Appeals, as the case may be, shall carry over two
or more meetings, a member of the municipal agency conducting said
hearing absent for one or more of the meetings shall be eligible to
vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
said member has available to him a transcript, recording or minutes
of the meeting from which he was absent and certifies to the Board
that he has read such transcript or minutes or listened to such recording
prior to his voting or participating on any decision on the matter.
The following provisions apply to applications for administrative
reviews, variances, special use permits, site plan approvals, planned
unit development and historic site approval made to the Zoning Board
of Appeals or the Planning Board:
A.
Meetings, minutes, records. Meetings of such Boards shall be open
to the public to the extent provided in Article 7 of the Public Officers
Law. Such Boards shall keep minutes of their proceedings, showing
the vote of each member upon every question, or if absent or failing
to vote, indicating such fact, and shall also keep records of their
examinations and other official actions.
B.
Filing requirements. Every rule, regulation, every amendment or repeal
thereof, and every order, requirement, decision or determination of
the Boards shall be filed in the office of the City Clerk and the
Building Inspector within five business days and shall be a public
record.
C.
Assistance to the Boards. Such Boards shall have the authority to
call upon any department, agency or employee of the City for such
assistance as shall be deemed necessary and as shall be authorized
by the legislative body. Such department, agency or employee may be
reimbursed for any expenses incurred as a result of such assistance.
D.
Voting. The concurring vote of a majority of the whole board shall
be necessary to reverse any order, requirement, decision or determination
of any such administrative official, or to grant a use variance, area
variance, special use permit, site plan approval, and any other permit
or approval under this chapter.
[Amended 10-8-2008 by L.L. No. 5-2008]
E.
Appeals. Appeals from any order, requirement, decision, interpretation,
or determination made by the Building Inspector or administrative
official charged with the enforcement of any ordinance or local law
adopted pursuant to this chapter may be taken by any person aggrieved,
or by an officer, department, board or bureau of the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Filing of administrative decision. Each order, requirement, decision,
interpretation or determination of the Building Inspector or administrative
official charged with the enforcement of this chapter shall be filed
within five business days from the day it is rendered, and shall be
a public record.
G.
Time limits on appeal. An appeal shall be taken within 60 days after
the filing of any order, requirement, decision, interpretation or
determination of the Building Inspector or other administrative official
charged with interpreting or enforcing this chapter, by filing with
such Building Inspector and with the Board of Appeals a notice of
appeal, specifying the grounds thereof and the relief sought. The
Building Inspector shall forthwith transmit to the Board of Appeals
all the papers constituting the record upon which the action appealed
from was taken.
H.
At least 10 days before a hearing, the authorized board shall mail
notices thereof to the applicant and to the County Planning Board
or agency and regional planning council, as required by § 239-m
of the General Municipal Law, which notice shall be accompanied by
a full statement of such proposed action as defined in Subdivision
3 of § 239-m of the General Municipal Law, and to neighboring
municipalities as required by § 239-nn of the General Municipal
Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Compliance with State Environmental Quality Review Act. Such Boards
shall comply with the provisions of the State Environmental Quality
Review Act under Article 8 of the Environmental Conservation Law and
its implementing regulations.
J.
Rehearing. A motion to hold a rehearing to review any order, decision
or determination of a Board not previously reheard may be made by
any member of the Board. A unanimous vote of all members of the Board
then present is required for such rehearing to occur. Such rehearing
is subject to the same notice provisions as an original hearing. Upon
such rehearing the Board may reverse, modify or annul its original
order, decision or determination upon the unanimous vote of all members
then present, provided the Board finds that the rights vested in persons
acting in good faith in reliance upon the reheard order, decision
or determination will not be prejudiced thereby.
K.
Resubmissions. Where an application is denied by vote of the Board,
the same, or substantially the same, application may not be filed
until one year after the date of such denial. In cases where the appeal
or application is withdrawn by the applicant after public notice of
hearing, but before a decision by the Board, the same, or substantially
the same, application may not be filed until 90 days after the date
of withdrawal.
L.
An interested party, as defined herein, may make an apply for administrative
reviews, permits or approvals under this chapter provided, however,
that any person applying for an interpretation, decision, permit or
approval to improve a property must be the owner(s) of the property,
or have the owner's(owners') written permission.
M.
Applications are not considered filed until deemed complete by the
Building Inspector. The Building Inspector shall promptly notify applicants
if the application is deemed incomplete.
N.
Stays. An appeal shall stay all proceedings in furtherance of the
action appealed from, unless the Building Inspector or person charged
with the enforcement of such ordinance or local law, from whom the
appeal is taken, certifies to the Board of Appeals, or the Planning
Board as the case may be, after the notice of appeal shall have been
filed with the administrative official, that by reason of facts stated
in the certificate a stay would, in his or her opinion, cause imminent
peril to life or property, in which case proceedings shall not be
stayed otherwise than by a restraining order which may be granted
by the Board of Appeals, or Planning Board as the case may be, or
by a court of record on application, on notice to the Building Inspector
or person from whom the appeal is taken and on due cause shown.
O.
Public notice. Public notice shall be given of applications for variances
and special use permits by the publication in the official paper of
the City of Plattsburgh of a notice of such hearing, beginning not
less than five nor more than 10 calendar days before such hearing.
The cost of sending or publishing any notices relating to such appeal
or application, or a reasonable fee relating thereto, shall be borne
by the appealing party and shall be paid to the Board prior to the
hearing of such appeal.
P.
Notice to affected property owners. Notice of an application for
a variance or special use permit shall be given by first class mail
at least five calendar days prior to the date of hearing to all persons,
firms or corporations listed as owner of record on the City tax record
within the affected area of the location of the property upon which
the use is proposed to be established. For purposes of this chapter,
the "affected area" of an application for a variance shall be as follows:
(1)
Use variance. A use variance shall include all applications for variances,
except those defined in area variances below. In such cases, notice
shall be given to all persons, firms or corporations listed as owner
of record on the City tax records within 500 feet of the applicant
for variance property.
(2)
Area variance. An area variance shall include all applications for
variance from yard and setback requirements and dimensional calculations
for signage. In such cases, notice shall be given to all persons,
firms or corporations listed on the City tax records as owners of
adjoining property.
(3)
Special use permit. Notice of an application for a special permit
shall be given to all persons, firms or corporations listed as owner
of record on the City tax record within 500 feet of the location of
the property upon which the use is proposed to be established.
(4)
Site plan in industrial zone. Notice of an application for a permit
requiring site plan review in an industrial zone shall be given to
all persons, firms or corporations listed as owners in the City tax
records and who own property located within 500 feet of the site reviewed.
Q.
Representation at hearing. Upon the hearing, any party may appear
in person, or by agent or attorney.
R.
Time of hearing. The Boards shall conduct a public hearing within
62 days from the day an application is received on any matter referred
to them under this section.
S.
Time of decision. The Boards shall decide upon the application within
62 days after the hearing. The time within which the Boards must render
its decision may be extended by mutual consent of the applicant and
the Board.
T.
Filing and serving decisions. The decision of the Board(s) on the
application after the holding of the public hearing shall be filed
in the office of the City Clerk within five business days after such
decision is rendered, and a copy thereof mailed by first class mail
to the applicant. (See § 27-b of the General City Law.)
The Board of Appeals shall notify the Common Council and the Planning
Board of each special use permit and each variance granted under the
provisions of this chapter. The Planning Board shall notify the Zoning
Appeals Board of all site plan approvals.
U.
Permit time provisions. If the special use permit, variance, site
plan, planned unit development or historic site approval is granted,
a building and zoning permit may be issued by the Building Inspector;
however, such zoning approval shall become void six months from the
date of building permit issuance unless substantial actual construction
has commenced.
A.
Any person or persons jointly or severally aggrieved by any decision
of the Board of Appeals or any officer, department, board or bureau
of the City may apply to the Supreme Court for relief by a proceeding
under Article 78 of the Civil Practice Law and Rules of the State
of New York, and, provided such proceeding is commenced within 30
calendar days of filing the decision in the office of the Building
Inspector.
B.
Costs shall not be allowed against the Boards unless it shall appear
to the court that it acted with gross negligence or in bad faith or
with malice in making the decision appealed from.
In case any building or structure is erected, constructed, reconstructed,
altered, converted or maintained or any building, structure or land
is used in violation of this chapter, the proper local authorities
of the City, in addition to other remedies, may institute any appropriate
actions or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use; to restrain,
correct or abate such violation; to prevent the occupancy of said
building, structure or land; or to prevent any illegal act, conduct,
business or use in or about such premises.
A.
For a violation of any section of this chapter, except those sections
for which a separate fine is herein provided, the owner of a building
or lot, or the lessee or tenant of the entire building or lot, or
the lessee or tenant of a part of the building or lot where a violation
exists or has been committed, shall be guilty of a violation punishable
by a fine not exceeding $250 for conviction of a first offense or
violation; for a conviction of a second offense, both of which were
committed within a period of five years, punishable by a fine not
less than $250 nor more than $500; and, upon conviction of a third
or subsequent offense, all committed within a period of five years,
punishable by a fine not less than $500 nor more than $750. Each week's
continued violation shall constitute a separate additional violation
or offense.
B.
For a violation of § 360-26J of this chapter, the registered owner or the operator of a vehicle parked in violation of this section shall be guilty of a violation punishable by a fine not exceeding $15 for conviction of a first offense; for a conviction of a second offense, both of which were committed within a period of one year, punishable by a fine not less than $35 nor more than $75; and upon conviction of a third or subsequent offense, all committed with a period of one year, punishable by a fine not less than $75 nor more than $150. Each violation that continues for more than 72 hours shall constitute a separate additional violation.
C.
For a violation of § 360-53A(1) of this chapter, the person making the improvements shall be guilty of a violation punishable by a fine equal to twice the amount of the permit application fee.
D.
The enforcing officer may serve a written notice of violation specifying
a date by which the violation shall cease, and, if the violation does
not cease with the time specified, the enforcing officer may institute
such action as may be necessary to terminate the violation. Such notice
shall be served personally, or by affixing such notice in a conspicuous
place on the premises and mailing a copy by first class mail to the
owner, lessee or tenant, or by mailing a copy of such notice by certified
mail, return receipt requested, to the owner, lessee or tenant.
E.
The enforcing officer may prosecute a violation of this chapter by
issuing an appearance ticket pursuant to the provisions of Article
150 of the Criminal Procedure Law.
F.
For a violation of § 360-26J, the enforcing officer may serve an appearance ticket in the manner authorized for issuing an appearance ticket for a traffic infraction relating to parking.
G.
The provisions of this chapter may be enforced by any other court
action or proceeding deemed appropriate by the Corporation Counsel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Common Council may refer any request for amendment, supplement,
change or repeal of the regulations, restrictions and boundaries established
by this chapter to the Planning Board for report. The Common Council
may amend, supplement, change or repeal regulations, restrictions
and boundaries established by this chapter, as provided by General
City Law § 83.
[Added 12-14-2017 by L.L.
No. 8-2017]
A.
Reimbursement of professional review fees.
(1)
In addition to the provisions provided under the terms of Chapter 300, Subdivision of Land ("Subdivision Regulations"), and this chapter of the City of Plattsburgh Code ("Zoning Code"), the Common Council, the Planning Board and the Zoning Board of Appeals, in the review of any application presented to it, may refer such application, or part of an application, to such planner, engineer, environmental expert, attorney or other professional as such Council or Board shall deem reasonably necessary to enable it to review such application as required by law.
(2)
Fees charged by such professionals shall be in accord with fees usually
charged for such services in the Clinton County region or pursuant
to an existing contractual agreement between the City and such professional.
The Board or Council shall limit such fees as are reasonable in amount
and necessarily incurred by the City in connection with a review of
an application. For purposes of this section, a fee is reasonable
in amount if it bears a reasonable relationship to the expense of
the development or the average charge by such an expert to the City
or others for services performed in connection with the review of
a project similar to that involved in the land use application. All
proper charges shall be paid by the City upon submission of a City
voucher and in compliance with the City's procurement policy. The
applicant shall reimburse the City for the costs of such professional
review services upon receipt of a copy of the voucher or, at the discretion
of the reviewing Council or Board, in accordance with this chapter.
The payment of such fees shall be required in addition to any and
all other fees or performance bonds required by this or any other
section of this chapter or any other City law or regulation.
B.
Escrow accounts.
(1)
In addition to other mechanisms provided under any other City law
or regulation, at the time of submission of any application, or during
the review process, the reviewing Council or Board may require the
establishment of an escrow account from which withdrawals shall be
made to reimburse the City for the cost of professional review services.
The applicant shall then provide funds to the City for deposit into
such account in an amount to be determined by the reviewing board
based on its evaluation of the nature and complexity of the application.
The applicant shall be provided with copies of any City voucher for
such services as they are submitted to the City. If the applicant
objects to the amount to be placed into escrow, the applicant may
request that the Council or Board review the projected amount to be
placed in escrow.
(2)
Where the City Council, Planning Board or Zoning Board of Appeals
establishes an escrow account for an application, such reviewing board
shall not be required to consider that application until the deposit
required under this chapter has been made.
(3)
A building permit or certificate of occupancy shall not be issued
unless all professional review fees charged in connection with the
applicant's project have been reimbursed to the City.
(4)
After all pertinent charges have been paid, the City shall refund
to the applicant any funds remaining on deposit.
C.
Effective date; applicability.
(1)
This chapter shall take effect immediately upon filing in the office
of the New York State Secretary of State.
(2)
This chapter shall apply to all applications pending at the time
it becomes effective, unless the reviewing Council or Board shall
determine that its application would be impracticable or unjust in
the particular circumstances.
[Added 12-10-2020 by L.L. No. 5-2020]
A.
Purpose
and intent; authority. It is the intent of this section to specifically
provide for the exemption of City projects and activities from the
City's Zoning Code. It is adopted pursuant to New York Municipal Home
Rule Law.
B.
City exemption.
Notwithstanding any other provision of this chapter, any action, including
but not limited to site plan review, subdivision approval, planned
unit development review, special use permit application, use variance
or area variance application, which is proposed or undertaken by the
City of Plattsburgh, or on behalf of the City with the City's written
authorization, shall be exempt from the provisions of this chapter.
Notwithstanding this exemption, the Common Council may seek nonbinding
advisory review from the City Planning Board and/or Zoning Board of
Appeals for any such proposed City action. This exemption specifically
does not apply to the provisions of the State Environmental Review
Act (SEQRA) or other state or federal requirements, but is limited
only to requirements of the City of Plattsburgh.
